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HomeMy WebLinkAbout20070407 Ver 1_Approval Letter_20070430Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 30, 2007 DWQ# 07-0407 Surry County Mr. Joshua White Buck Engineering/Michael Baker Corporation 8000 Regency Parkway, Suite 200 Cary, NC, 27511 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. White: Buck Engineering/Michael Baker Corporation has our approval to conduct stream restoration, enhancement, and stabilization activities, in accordance with the attached conditions, along a total of 3,220 linear feet of Beech Creek located off of West Old McKinney Road south of Mount Airy in Surry County, as described in your application received by the Division of Water Quality on March 5, 2007 and in additional information received by DWQ on Apri120, 2007. After reviewing your application, we have determined that this activity is covered by General Water Quality Certification Number 3626, which can be viewed on our web site at http://www.ncwatercLuality.or~/wetlands.html. This Certification allows you to use Nationwide Permit Number 27 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you maybe required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Amount A roved Plan Location or Reference Streams 3,220 linear feet Beech Creek located off of West Old McKinney Road in Surry County as shown on the site lan included kith the PCN. ~ne Carolina ~aturally North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http:l/www.ncvuaterouality.org Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Joshua White Page 2, DWQ# 07-0407 Apri130, 2007 2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class C waters as described in 1 SA NCAC 02B .0211 Fresh Surface Water Quality Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date of project completion or, if applicable, within six months of the date of project release by the Division of Land Resources. 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Winston-Salem Regional Office of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs showing the restored stream reach. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771- 4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, ~~~~~~ ~~ Alan W. Klimek, P.E. Mr. Joshua White Page 3, DWQ# 07-0407 Apri130, 2007 AWK/cdl Attachments cc: Mr. Monte Mathews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Mr. Richard Everhart, Surry Soil and Water Conservation District, P. O. Box 218, Dobson, NC 27017